Palm Beach County avoids lawsuit, will buy printers for voting machines

By Kathy Bushouse
Staff Writer

County commissioners got themselves out of a lawsuit Tuesday by agreeing to buy printers for the county's 5,400 touch-screen voting machines.

The county positioned itself to be among the first in the state to get printers for its machines, but getting them in time for the November election could prove tricky. The printers are still in development by Sequoia Voting Systems, manufacturer of the county's voting machines, and the printers will require both state and federal certification before they can be used in an election.

The commissioners' action, however, seemed to be enough to satisfy U.S. Rep. Robert Wexler, who had the county removed from his lawsuit seeking to get the state to require printers for touch-screen voting machines.

Still part of the lawsuit are the Palm Beach County elections supervisor, Theresa LePore, and Florida Secretary of State Glenda Hood. A court hearing is scheduled for Friday.

Wexler had praise for county commissioners Tuesday but tough words for LePore and Hood for what he viewed as foot-dragging on having the state require printers for its machines. The printers cost $3.2 million.

"Unfortunately, at the state level and at the Palm Beach County Supervisor of Elections Office, we don't have that effort being made [to get printers for the voting machines]," Wexler said. "Rather than saying `No, no, no, it can't be done,' why don't the two people in charge make a genuine effort in trying to solve the problem? That's their statutory requirement."

LePore can't require the state to do anything, but Wexler said she's shown no "energy" to get printers. LePore has consistently said she doesn't think printers are needed, but that she would use them if the county bought them and paid for maintenance.

She reiterated that Tuesday.

"I cannot use equipment that's not certified for use in the state of Florida," LePore said. "It's against the law, and I'm not breaking the law."

LePore's attorney, Michael Burman, said he doesn't think Wexler's concerns should be with LePore.

"This is strictly an issue involving the secretary of state and probably the Legislature," Burman said. "That's where this case lies. This doesn't belong on Theresa LePore's doorstep."

The state Attorney General's Office filed a motion to dismiss Wexler's lawsuit. The Secretary of State's Office has gotten no requests to certify printers to use with touch-screen voting machines, spokeswoman Jenny Nash said.

Sequoia is working on a prototype printer it plans to submit for federal certification next month, said Alfie Charles, company vice president for development. Voters will be able to check printed versions of their ballots against the screens, Charles said. If a voter notices a discrepancy, changes can be made before the ballot is cast.

Wexler and others have said they wanted the printers in place by November, but that could prove difficult, Charles said. Because Palm Beach County has older versions of Sequoia machines, they would have to be retrofitted to work with printers, Charles said.

"We don't want to over-promise, but we understand there's a desire to get these in place as quickly as possible," Charles said.

Some county commissioners said Tuesday that politics is playing too big a role in the push for voting machine printers.

Commissioner Mary McCarty read an e-mail that urges members of a Democratic e-mail list to come to Friday's hearing on Wexler's lawsuit and show their support for his efforts.

"Certainly we want our court system to be free of politics," said McCarty, a former county Republican Party chairwoman.

Commissioner Burt Aaronson fired back, saying he hadn't heard of any groups trying to stir up partisan passions in time for Friday's court hearing.

"This is a nonpartisan issue," said Aaronson, a Democrat. "I don't know what e-mails you're getting. I have not received any and have not received any calls to storm the courthouse."

Kathy Bushouse can be reached at kbushouse@sun-sentinel.com or 561-243-6641.